DUI Lawyers Blog Watch

Florida DUI Law Search

noreply@blogger.com (W.F. "Casey" Ebsary, Jr.) — Sun, 08 Aug 2010 05:38:00 -0700

Search Our Huge Florida DUI Database for Free!

We have hundreds of pages of information on Florida DUI Laws and Florida DUI News. This site is one of the largest sites on the web devoted to Florida Traffic and DUI law information.

Palm Beach Criminal Lawyers & Double Jeopardy

William Ryan Moore — Tue, 03 Nov 2009 17:53:02 -0800

Palm Beach criminal lawyers should be well versed on the law pertaining to double jeopardy.
The double jeopardy clause of the Fifth Amendment provides: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." The concept of double jeopardy prohibits the retrial of a defendant who has been convicted or acquitted of the same offense at a previous trial. It also protects against multiple punishments for the same offense.

Palm Beach criminal lawyers should also be well aware of the history evolving of the rule. The most basic of historical synopsis would be that double jeopardy was originally an affirmative defense that was waived if not raised by the defendant prior to verdict. However, the requirement that the defendant formally plead the defense of double jeopardy may no longer be valid in all circumstances in light of Menna v. New York. In Menna, the U.S. Supreme Court held that "a plea of guilty to a charge does not waive a claim that judged on its face—the charge is one which the State may not constitutionally prosecute." On the other hand, United States v. Broce held that a collateral attack based on double jeopardy grounds was barred because the defendant entered a voluntary plea of guilty and failed to raise the double jeopardy issue at trial. In the absence of further clarification from the courts, the only "safe" course for the defendant is to raise a double jeopardy claim prior to the judge or jury returning a verdict.

Star from The Hills busted in the Valley for DUI in Los Angeles

Wed, 04 Nov 2009 00:34:46 -0800

Hills costar Stephanie Pratt, 23, was arrested Sunday morning for driving under the influence in Los Angeles (specifically Van Nuys) following a night of partying. According to reports from celebrity gossip outlets like TMZ.com and MTV news, Pratt had been partying at the club Empire, celebrating a friend's birthday with other Hills cast members. (Pratt allegedly twittered to her fans that she was being a "party pooper" for leaving early.)

Pratt also had a run in with the law in May, 2006, in Hawaii, when police arrested her for drug violations and theft.

Van Nuys police released Pratt Sunday morning after she posted a $5000 bail. A court hearing will be scheduled regarding her case.

Had Pratt been advised by a Southern California DUI attorney, she might have opted to take a cab or find a designated driver. After all, the consequences of conviction for even one misdemeanor Southern California DUI can be both long-lasting and severe -- even if no one was hurt and no property damaged.

California DUI law is governed by two key sections: California Vehicle Code Sections 23152 (a) and 23152 (b). Typically, a first Southern California DUI will merit a misdemeanor conviction. However, if you collect three or more DUIs within a ten-year stretch, you may be charged with a felony.

According to state law, the court can impose a battery of penalties, including:

* Half a year in jail (maximum); minimum of 48 hours in police custody
* Forced to install and maintain (at your own expense) an interlock device for your car
* Draconian probation terms
* Alcohol school -- mandatory DUI school attendance for up to nine months (minimum six weeks)
* Suspension of CA driver's license -- you can lose your license for a full year
* Fines and court costs -- the maximum allowable fine is $1000. However, court costs can prove much higher

To explore legal options with a battle proven Southern California DUI defense specialist, connect with Attorney Michael Kraut. After serving as a state prosecutor for many years -- during which time, he prosecuted an array of complicated DUI cases successfully -- Attorney Kraut opted to take on criminal defense work. His deep understanding of issues of law, his ability to consider legal arguments from both the defendant's and prosecutor's perspective, and his impressive pedigree (he's a graduate of Harvard Law School) make him a formidable force in the courtroom.

Would a Fake Cola Be OK? by Attorney Mark Stevens 603-893-0074

MS — Tue, 03 Nov 2009 11:43:00 -0800

The internet is a funny place. We search for information, products, places and people every day. Some people search for a New Hampshire DWI lawyer when they have been arrested for driving or boating under the influence of alcohol or drugs. Some people search for a specific New Hampshire DWI lawyer. Some of those searches are for me, Mark Stevens, and I appreciate your search for my profile, case examples, website and blog from the bottom of my heart. Every case result on my website is 100% verifiable by going to the court in which the victory happened.

Because of the number and type of case victories I have been blessed with over the past few years, others try to profit from searches for me specifically. They pay to advertise when some one searches for my name on the major search engines. You can tell that some one is paying to appear under a search term, like "Attorney Mark Stevens in Salem NH", for example, when their link is one of the three shaded ones at the top of the page or one of the shaded boxes on the right hand side of the page. So they pay to be there when you are looking for me. I guess their theory is that you might search for me, click on them by accident, and that you are not smart enough to not know the difference. I know you are smarter than that.

If you are looking for my website the links are below. Thank you for visiting and reading. If you have been charged with Aggravated DWI, DWI or boating while intoxicated in New Hamphire, please feel free to call to arrange a free initial consultation at 603-893-0074. It's what we do.

Have a safe night.

Mark Stevens

LAW OFFICES OF MARK STEVENS
5 Manor Parkway
Salem, NH 03079
603-893-0074

http://www.ByeByeDWI.com

http://www.ByeByeDUI.com

http://www.ByeByeOUI.com

http://www.twitter.com/byebyedwi

The Race For Collin County Court Six

friscolaw@gmail.com (Hunter Biederman) — Tue, 03 Nov 2009 19:19:09 -0800

Recently, Judge Greg Willis stepped down from his Collin County Court Six bench to pursue a run for Collin County District Attorney. Several attorneys have announced a run for his former bench. I have heard many names thrown out as possible candidates. I am including only those who have personally told me they are running, or anyone that has a campaign website up. If you are planning on running for this court, contact me and I will add you to this article.

SHAWN ISMAIL

Mr. Ismail established a general practice in Plano doing primarily litigation, criminal defense and immigration law. He handles matters ranging from consumer protection and business litigation to misdemeanor and felony criminal trials.

Mr. Ismail has been active in the legal community as President of the Plano Bar Association, Frisco Bar Association, Collin County Young Lawyers Association and am currently a director of the Collin County Bar Association.

Mr. Ismail believes that “without access to the Courts, the administration of Justice is weakened for all. At the same time, access to the Courts is also dependent on Judges grasping a wide range of legal issues as well as being aware of sound public policy. A Judge must at all times be conscientious of who they serve.”

Mr. Ismail has a website, www.ismailforjudge.com which details his experience and plans for the bench.

TERRI GREEN

Terri Green is in private practice in Plano. According to her website, she handles Family Law; Civil Litigation; Probate Litigation; Wills, Trust and Estate Planning; Criminal Defense Counsel (Misdemeanors); and Teen Court Judge (Misdemeanors).

Her civic involvement includes work with the Junior League of Plano, Collin County Bar Association, Frisco Bar Association, Frisco Rotary and Preston Trails Community Church. She’s also involved in the Collin County Republican Party and has served as a grand jury commissioner and on the board for the Frisco Chamber of Commerce.

Mrs. Green believes she “will be an asset to the county and help the county ease up the court dockets, Green said. With my qualifications and background I will easily be able to step on the bench and administer justice at the county courthouse without any training or supervision. I will immediately be able to alleviate overcrowding.”

Mrs. Green has a website, www.terrigreenforjudge.com which details her experience and plans for the bench.

JAY BENDER

Jay Bender is a current private practice attorney and a former Assistant District Attorney who worked in both Collin County and Dallas County. Mr. Bender spent 8 years in the US Navy serving his country.

Mr. Bender had a website up, www.benderforjudge.com, although at recent glance, it looks like it is going through some construction. Once is back up, i will include more information about his plans for the bench.

Effingham County Government Center

Tue, 03 Nov 2009 19:11:11 -0800

Entrance Visitors must enter through the doors pictured above (the set on the left) and then pass through security. The address of the Effingham County Government Center is 120 W. Jefferson Ave., Effingham, IL 62401. Courtroom Locations There are four courtrooms in Effingham County — courtrooms “A” through “D.” Courtrooms “A” and “B” are located on [...]

Cities With High Teen Auto Crashes

Tue, 03 Nov 2009 17:29:19 -0800

Were you aware that auto crashes are the number one killer of teenagers in America? According to the National Highway Traffic Safety Administration (NHTSA), automobile crashes are more common among young drivers than any other age group. National Highway Traffic Safety Administration, twenty-three percent of teenage drivers in fatal car wrecks had a blood-alcohol level (BAC) above the legal limit of .08.

Consider some of these statistics:

In the United States, 1 in 4 crash fatalities involve someone 16 to 24 years old, nearly twice as high as other age groups.
According to the
According to this study that was published at PubMed.gov, child passengers in teen nighttime crashes had an increased injury risk and an increased risk of restraint non-use compared with those in teen daytime crashes.

Last holiday season, Allstate Insurance Company conducted a study and came up with a list of the top 10 deadliest hot spots for fatal teen crashes during the holiday seasons:

Jacksonville, Fla.
Columbus, Ohio
Birmingham, Ala.
Orlando
Phoenix
Las Vegas
Philadelphia
Sacramento, Calif.
St. Louis

Thank goodness that San Diego isn’t on the list!

With the holiday season just around the corner, we encourage you to talk with your teen about the importance of safe driving and being responsible.

And if you have a teen who has been arrested for a DUI in San Diego, make sure to contact a professional and experienced San Diego DUI defense lawyer.

Photo Credit: Ged Carroll

Rising Blood Alcohol Defense in Los Angeles DUI Cases

Tue, 03 Nov 2009 17:20:01 -0800

Rising blood alcohol is a very viable defense in Southern California DUI cases. Before a person is arrested for a Los Angeles DUI, they are usually given what is commonly known as field sobriety tests. After the tests are completed, the officer often will ask the DUI driver to take what is known as a preliminary alcohol screening (PAS) test. This is a little handle held device used to measure the blood alcohol content of the driver.

In the old days, this test was not admissible in a court of law. Changes in the evidence code and the accuracy of the device has now allowed DUI prosecutors to use the PAS test in their case before a jury. After a person is arrested for a DUI they are usually taken to the police station or the a hospital for a chemical test. The test can be either a DUI blood test, or a DUI breath test. These tests also measure the amount of alcohol in the driver's blood.

Some people get very scared when they see the results of a the blood test. in many cases the PAS test result is lower then the blood or breath test taken at the police station. Once the test results are known to be 0.08% or greater,then the person is going to be charged with driving under the influence of alcohol in violation of CVC 23152(a). In most cases the person will also be charged with CVC 23152(b), having a blood alcohol level in excess of 0.08%.

The issue that now arises is what was the person's blood alcohol level at the time they were driving. He know that the results of the PAS test are lower then the secondary tests. Therefore, the blood alcohol level is rising and the results may not be the BAC level at the time they were driving. This theory is based upon the scientifically proven rising blood alcohol DUI defense. Top notch Los Angeles DUI defense attorneys know how to use this evidence to the benefit of their clients.

Most experts say that a shoot of alcohol or a beer take approximately 50 minutes to be fully absorbed into the blood stream. So the trick for the prosecution is to try to get expert evidence to determine what the BAC level was at the time of driving, not when the test are taken at the police station.

The argument then becomes, if a person has a BAC just over 0.08%, then they may not have violated the law when they were actually driving.

.18 Breath Test DWI case dismissed because breath test warning improperly given

Tue, 03 Nov 2009 13:22:49 -0800

Jordan Lewis successfully defended a .18 breath test case by demonstrating to prosecutors that the state mandated statutory warnings that an officer is required to give a defendant before requesting a breath test were not given properly. After convincing the Harris County prosecutor that the breath test was going to be inadmissible, the government dismissed the Houston, Texas DWI case.

If you or someone you know need a Houston, Texas DWI lawyer, call the DWI attorneys at 713-222-0400.

Woman Reports Herself for Driving Drunk

Tue, 03 Nov 2009 10:18:58 -0800

A Wisconsin woman recently took the idea of “doing your civic duty” to a whole new level. Noticing that there was a drunk driver on the road, the woman immediately called to report the offender to emergency services. The 911 operator was shocked to find that the woman reported that the drunk driver was none other than herself, responding to the question of, “Are you behind them?”, with the reply of, “I am them.” The dispatcher recommended the woman pull over, and she obliged. She was later charged with driving drunk and operating a vehicle with a blood-alcohol level of .1 or more. While her voluntary confession did not result in her being able to avoid the charges altogether, it may aid her in obtaining a more lenient punishment from the court.

In Tennessee, a person can be charged with driving under the influence under T.C.A. section 55-10-401 if they are operating an automobile or other motor-driven vehicle while:

“Under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system; or

The alcohol concentration in the person's blood or breath is eight-hundredths of one percent (.08 %) or more.”

While self-reporting may not help you avoid a DUI charge in Tennessee, it can help mitigate the penalty imposed for the offense. The penalties for DUI in Tennessee range from misdemeanors to serious felony charges based on the circumstances surrounding the offense and the number of times a particular offender has been arrested for driving under the influence. Thus, a DUI conviction can be accompanied by stiff consequences, such as a decade or more of imprisonment.

Don't Ever Assume You Shouldn't Fight the Results of a DUI Blood Test

Tue, 03 Nov 2009 09:56:07 -0800

Despite the fact that it is inherently more reliable than DUI breath testing (and certainly more reliable than DUI urine testing), DUI blood testing still has its share of evidentiary problems. Contamination and error frequently contribute to faulty California DUI blood test results, leaving innocent victims to face wrongful charges for Vehicle Code 23152b VC driving under the influence with a BAC of 0.08% or greater.

Although DUI blood testing directly measures the amount of alcohol in one’s bloodstream, there are a variety of external factors that can lead to false California DUI blood test results.

Who drew the blood…whether the injection site was properly sterilized…whether the blood sample was properly mixed with sufficient amounts of anticoagulant and preservative (used to prevent fermentation or clotting)…and, for that matter, whether the anticoagulant and preservatives had expired, are all issues that could compromise the integrity and accuracy of your DUI blood test.

PINELLAS TRAFFIC BLOG: Teenager Receives Traffic Tickets Following An Early Morning Car Crash

Tue, 03 Nov 2009 07:59:34 -0800

An 18-year-old in St. Petersburg was involved in a single car accident around 5:00 a.m. Monday morning. Colin Knapp allegedly lost control of his car and it hit a raised curb. The Acura then collided with a concrete mailbox and overturned according to the FHP as reported on TampaBay.com.

The car flipped onto its roof and caused the window of a nearby home to be shattered as debris flew from the scene. Knapp was taken to Bayfront Medical Center where he was said to have minor injuries. The teenager was cited for careless driving and having an attached tag not assigned following the accident.

If you have been cited for a traffic violation in St. Petersburg, Clearwater or Pinellas County and you are in need of qualified legal representation, please do not hesitate to contact experienced Ticket Defense Attorney David Haenel at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourTickets.com. Also you can contact David via email or by stopping in our Clearwater office located at 4500 140 Ave. North #203.

A Not So Anonymous Tip

jamie@austindefense.com (Jamie Spencer) — Tue, 03 Nov 2009 07:45:26 -0800

The 911 call:

Caller: Somebody's really drunk driving down Granton Road."

Dispatch: Okay are you behind them, or...

Caller: No, I am them.

Dispatch: You am them?

Caller: Yes, I am them.

Dispatch: Okay so you want to call and report that you’re driving durnk?

Caller: Yes.

…and the police report speak for themselves, I guess:

On Saturday October 24, 2009 at about 11:23 p.m. I was dispatched to Granton Rd. Near Miller Ave. to a possible intoxicated driver. Dispatch said the caller Mary [Name Redacted] called stating she wanted to report a drunk driver which she said was herself. Dispatch informed me Mary said she pulled over along the road and turned her emergency flashers on.

…Mary said then began driving home alone in her vehicle until she called the Sheriff’s Department to report that she was driving drunk…

Let’s hope she gets some credit from the prosecutors for “doing the right thing”.

New Jersey DWI News: Drunk Driving Arrests in Mercer and Middlesex Counties

Tue, 03 Nov 2009 07:22:52 -0800

As a New Jersey DWI defense attorney and former municipal prosecutor, I use my vast background in drunk driving law to help motorists accused of driving under the influence of alcohol. I always maintain that individuals charged with drunk driving, prescription drug DUI or breath test refusal to retain a qualified legal professional to see their case through the justice system. The following police reports are just a sample of the typical cases involving driving under the influence of alcohol.

Princeton Borough
A 68-year-old man from Princeton, NJ, was observed driving his vehicle in a suspicious manner. After police saw that the driver did not keep right, Princeton police officers pulled the suspect over on Chambers Street just before 1:30am. He was evaluated and charged with driving while intoxicated and taken into custody.

A woman from Lawrenceville was pulled over on Bayard Lane by a police patrol car in the early morning hours for a routine traffic stop due to a burned out brake light. The officer in charge determined that the 28-year-old was allegedly impaired and arrested her for DWI.

West Windsor
Another Lawrenceville resident was stopped by police after he was observed having difficulty maintaining his lane on southbound Route 1 at Alexander Road. The 25-year-old was given several field sobriety tests to determine his level of impairment and concluded to be driving under the influence of alcohol. Police charged the man with DWI, reckless driving, failure to maintain a lane, and failure to signal a lane change.

A 22-year-old Monroe Township resident was stopped by police after his vehicle was observed traveling in excess of the posted speed limit in the early morning hours. The incident occurred on northbound Route 1 near Harrison Street. Police pulled the man over for speeding and determined that he was also intoxicated. After failing a battery of field sobriety tests, officers arrested the driver for DWI, reckless driving, speeding and failure to keep right.

Plainsboro
A Middlesex County resident was stopped on northbound Route 1 by patrol officers because of a burned out headlamp on his 1997 Toyota Camry. During the stop, which occurred around 3:30am, officers found the 20-year-old driver to be intoxicated. In addition to receiving a citation for defective equipment, he was arrested for underage DWI and reckless driving.

A 27-year-old local woman was charged with DWI after a traffic stop on Plainsboro Road. She was pulled over shortly before 2am for speeding and failure to maintain her lane of travel, according to police reports. She was issued summonses for DWI, failure to maintain lane and reckless driving.

POLICE BLOTTER: Princeton, W. Windsor, Montgomery, Plainsboro, CentralJersey.com, September 28, 2009

Zen and the art of lawnmower repair

Houston DWI Attorney Paul B. Kennedy, — Mon, 02 Nov 2009 09:46:00 -0800

This weekend I set out to mow the yard at our new house for the first time. Since I've lived in apartments and townhouses for the past 18+ years, I've never owned a mower. My parents graciously donated their old mower to our cause after we bought our house. They parted with it because they've used a lawn service for the past five or six years and the mower has just sat parked in the garage for that time.

On Saturday I tried to start it up but could never get the motor to turn over after yanking on the cord. There was gas in the tank and there was a spark plug in the cylinder and nothing was binding the blade. I gave up for the day and prepared for battle the next morning.

After a brisk 13-mile run on Sunday I stopped at the gas station and filled my bucket with gas. I then headed home and filled the tank of the mower. Still I couldn't get the blasted thing to turn over. I pulled the hose leading to the carburetor and made sure the gas was flowing through -- it was. Then I pulled the spark plug. It was oily so I cleaned it up. Then I aimed the brake cleaner spray into the cylinder and fired. I put the plug back in and popped on the wire. Still nothing. Next I changed the dirty air filter. Still it wouldn't turn over. Next up was the exhaust chamber. I pulled it, blew it out and rebolted it.

I pulled the cord and, finally, the engine turned over and the mower was up and running for the first time in over five years.

Now I know y'all must be asking what on earth does that story have to do with criminal defense practice. I'm glad you asked.

Whenever an engine isn't starting it's either because it's not getting fuel or it's not getting a spark. To find out which you have to test each part of the system until you've made your determination. And that's true whether it's a car's engine or the engine on a lawnmower.

In preparing to defend a case you have to run through the same checklists over and over again. On a DWI case you first look to determine whether the officer had a valid and legal reason to stop your client. Next you watch the video and look for errors the officer made on the field sobriety tests and for things your client did that demonstrate he wasn't intoxicated. If there's a breath test you go through a checklist to determine if there are grounds to suppress the test result. Same thing for a blood test.

To be successful you must be methodical during the preparation of your case. What a jury sees is the end result of countless hours of case preparation.

Boo! 39 DUI Arrests in Delaware

Mon, 02 Nov 2009 14:37:05 -0800

Over the Halloween holiday weekend, law enforcement outfits nationwide cracked down on intoxicated drivers by implementing special DUI checkpoint locations on roadways.

Across the state of Delaware, law enforcement officials reported 39 DUI-related arrests just this weekend alone, according to Delaware’s Daily Times.

Not only were 39 drivers apprehended for DUI, but officers also arrested nine citizens on the ‘wanted’ list; made 11 drug-related arrests; 11 felony arrests; and cited 11 minors for underage drinking. Various other traffic violations accounted for an additional 122 tickets.

Wisconsin Woman Calls 911 to Report Herself as Drunk Driver

Mon, 02 Nov 2009 14:23:43 -0800

A Wisconsin woman called 911 to report herself as a drunk driver, MyFoxAustin reported.

“Somebody’s really drunk driving down Granton Road,” Mary Strey said during an Oct. 24 call to 911, according to tapes.

Trying to determine the location of the reported drunk driver, the dispatcher asked Strey: “Okay are you behind them, or…”

“No, I am them,” Strey said, according to MyFoxAustin.

The dispatcher verified, “You am them?”

“Yes, I am them,” said Strey.

“Okay, so you want to call and report that you’re driving drunk?” confirmed the dispatcher.

“Yes,” said Strey.

The dispatcher then told Strey to pull her car over, MyFoxAustin reported.

According to a report, police said Strey had blood-shot eyes and smelled of alcohol.

“I called in I’m drunk,” Strey told the officer who responded to the call, MyFoxAustin reported.

A local paper reported that Strey was charged with drunk driving and had a blood-alcohol level of 0.1 percent or more.

Source

Lousiana DWI Law Change Leads to Retroactive 35-Year Sentence

Mon, 02 Nov 2009 14:15:06 -0800

A Louisiana man will face up to 35 years in prison as a result of seven driving while intoxicated convictions.

Yilver Ponce pleaded guilty to seven DWIs in a period of less than 10 years. His first guilty plea hit the books on 2000. He pleaded guilty to give DWI charges between July 12 and August 19 of 2005 in the St. Tammany Parish area of Louisiana.

In Louisiana, judges are required to allow a person to attend rehabilitation before handing down a jail sentence. This means Ponce spent about 60 days in jail initially for the charges. The law set the maximum at 60 days if a person had not attended a rehab program.

The law has changed, though. In July of 2005, Governor Kathleen Blanco passed a new law that allowed judges to inflict harsher punishments at their discretion. This is described in a policy change from wanting to rehabilitate offenders to simply wanting to get them off the road. It should be no surprise MADD was one of the instrumental supporters of this new law.

The change in the law means that Ponce met new challenges when he pleaded guilt to DWI in February of 2008. When the case hit court on October 20 of this year, a judge revoked Ponce’s probation and sentenced him to 20 years for his previous offenses. He then sentenced him to an additional 15 years, making the sentence total 35 years all together.

This change in policy points out a fundamental issue with DWI legislation changes that go retroactive. Ponce undoubtedly committed several crimes. However, at the time he committed these crimes he was not eligible for a jail sentence. It is possible Ponce pleaded guilty to his previous charges without considering his defense fully because he knew he was not eligible for jail time and elected to simply undergo rehabilitation treatment.

This problem comes up whenever a state decides to increase the severity of DUI/DWI legislation and punishment. 20 years ago, driving drunk was very different than it is today. Even 5 years ago, this was a different crime. Look back periods in many states stretch back as long as 10 years, however. It is a harsh reality that people who pleaded guilty when a DUI simply meant a “slap on the wrist” and will now face 20 plus years in jail.

Source: Lousiana DWI law change leads to retroactive 35-year sentence

Another DUI On A Lawnmower. Yes, A Lawnmower.

Mon, 02 Nov 2009 13:54:52 -0800

This isn’t the first instance of DUI on a lawnmower our Chicago DUI Lawyers have seen (See Man arrested for DUI on Lawnmower). Thank God the authorities got this offender, traveling no more than 5 mph, off the road before he mowed someone’s lawn improperly.

Man on lawnmower charged with DUI after hitting school bus

BELLEVIEW, Florida — A Central Florida man was charged with driving under the influence after authorities say he crashed a stolen riding lawnmower into a school bus.

The Marion County Sheriff’s Office reports that 29-year-old Ron Martin and 30-year-old Charlene Mallorey were riding the mower down a Belleview road Wednesday when a deputy responded to the area. The mower had been reported stolen from an Ocklawaha home earlier that morning.

The deputy reported that Martin smelled like alcohol and was uncooperative. He refused to take a breath test, and the deputy charged him with DUI, threat to a public servant, criminal mischief and grand theft. He was being held on $14,000 bail.

DUI La-Z-Boy Auctions Will Net Over $40,000 For Police, $0 for Owner

Mon, 02 Nov 2009 13:13:01 -0800

Remember the man arrested for DUI on a La-Z-Boy? Look at what’s happening to the chair he used.

Online Bids for ‘DWI La-Z-Boy’ Reach $43K

DULUTH, Minn. — Online bids for a motorized La-Z-Boy used by a man who pleaded guilty to driving it drunk have reached $43,000.

Police in Proctor, in northern Minnesota, put the seized chair up for auction on eBay last Thursday. The proceeds will go to the police, state and the prosecuting attorney.

The motorized recliner has gathered 96 bids so far, with the current winning bid at $43,100.

Wow. Over $43,000! But what does the owner of the chair get? Shouldn’t that at least off-set his fines?

The former owner, Dennis LeRoy Anderson, pleaded guilty this month to operating the chair while intoxicated. His family is also auctioning on eBay an autographed photo of him riding the La-Z-Boy to help with his fees.

Another DUI, another dollar.

Man Gets DUI in Recliner Chair

Mon, 02 Nov 2009 12:45:27 -0800

Life is full of surprises. One can go from the highest of highs to the lowest of lows in a matter of seconds. One minute you can be living the good life, ruling the road in your motorized recliner, and the next thing you know you are getting bushwhacked by a parked car. To make matters worse, the ambush could lead to your arrest for driving under the influence while not causing you serious enough injury for anyone to feel bad about making fun of you. While this hypothetical situation may seem far-fetched, it is exactly the scenario in which a Minnesota man found himself in August of 2008 and resulted in him pleading guilty recently to the charge of driving under the influence.

While it may seem odd to be charged with driving under the influence from the comfort of your easy chair, Tennessee law allows the offense to be charged against anyone who operates a “motor driven” vehicle while the alcohol concentration in the person’s breath or blood is .08% or more. The recliner in this case had been equipped with a converted lawnmower motor, steering wheel, stereo system, and cup holders, so the Tennessee statute clearly would apply to the vehicle. Also, the man’s blood alcohol content was allegedly .29% at the time of the offense, almost four times the legal limit in Tennessee. Although it seems rare that someone would be charged with a DUI on a piece of furniture, the Tennessee statute is drafted so that such activity is actually covered. Citizens would be well-advised to learn more information on the penalties for DUI in Tennessee.

East Orange NJ Heroin Arrests Are Up

jfmesq@hotmail.com (John Marshall) — Mon, 02 Nov 2009 12:09:28 -0800

With all the recent press regarding the abundance of heroin in New Jersey and the fact that the Airport and Port are the major points of entry, it should come as no surprise that East Orange is a relative hot bed for street sales. In response to this activity, the East Orange Police Department and Essex County Narcotics Task Force has turned up the heat. In the past two weeks alone, our attorneys have been consulted and/or retained in multiple cases involving intent to distribute heroin or simple possession of heroin in East Orange.

Most recently, I was retained earlier today to represent a 22 year old man from a middle class community. He routinely visited East Orange to buy heroin on the street. He was arrested based on apparent surveillance of a high crime area by police. Similar factual scenarios have been related by others charged with heroin possession in East Orange. There is little doubt, given what has been related by our clients, that law enforcement in East Orange has intensified its efforts to make heroin arrests. In point of fact, our client in this case related that there were as many as sixteen (16) young men and women in the holding cell as a result of attempting or conspiring to purchase heroin in East Orange.

The typical charge in these cases is Third Degree Heroin Possession. There are also those matters where distribution or trafficking is alleged but I have found these allegations to be a stretch by the street crimes unit. For the most part, we are talking about run of the mill possession cases involving young people addicted to heroin. Thankfully, we are able to resolve most of these cases with little long-term impact on the suspect's life from the perspective of court supervision and criminal record. Their battle to shake the addiction is a whole other question which can often linger.

Can an Officer Pull Me Over for No Reason?

glneeley@yahoo.com (Glen Neeley) — Mon, 02 Nov 2009 11:10:56 -0800

I recently represented a lady on her second accusation of a DUI. The first accusation she plead guilty. I appealed it for her because there was no evidence that this woman was impaired to any degree. The officer arrested her because she went through a red/yellow light and smelled alcohol on her. That was it. Case was reduced to red light violation. This second accusation was interesting. The officers get a dispatch call that two people are arguing in her front yard. The police show up and see a man yell something at a woman. The woman yells something back. Officers could not identify what the words were. The woman started her car and drove away. The police chased her down and pulled her over.

Here is where the problem began. Why did the officer's have a reason to pull her over? Yelling is not a crime. The officers have a right to investigate but do not have a right to stop and seize a person without a reasonable suspicion that a crime has occurred. If a report of an argument was the only reason to pull someone over, then every attorney in town should be seized--if that was against the law.

We took our case to the judge to ask for a dismissal based on the fact that there was no reason for the officer's to pull the woman over.

A hearing was held and the officers could not describe any criminal conduct. The officers could not describe or articulate any fact that led them to believe that the woman committed a crime. In fact, while the officer's followed her in her car, they could not describe any traffic violation. The judge dismissed the case.

An officer has to have a reason to pull a citizen over. The officer must be able to articulate facts that lead them to believe that a crime was committed or about to be committed and that the person did it. It can be something very simple like a tail light out or running a stop sign.

Points to remember when pulled over:

don't be afraid to question the officer why you were pulled over.
don't be afraid to ask to see the radar reading. (officer does not have to show, but it is good to ask)
don't be afraid to exercise your right to remain silent. (just identifying information to be given)
don't be afraid to ask for a lawyer.
don't be afraid to take your case to a judge for his opinion.
Always be courteous.

Rising Blood Alcohol -- Understanding this California DUI Defense

Mon, 02 Nov 2009 10:43:54 -0800

California Vehicle Code 23152b penalizes driving with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike Vehicle Code 23152a “driving under the influence” people aren’t charged with this offense until after they’ve submitted to a chemical DUI blood or breath test that resulted in a BAC of at least a 0.08%.

The problem with this scenario is that, depending on the circumstances, the BAC that is reported could actually be the person’s BAC at the time of the DUI blood or breath test as opposed to his/her BAC at the time of driving. This theory is based on the scientifically validated rising blood alcohol DUI defense.

The rising blood alcohol DUI defense, also known as the on the rise DUI defense, acknowledges the fact that alcohol doesn’t enter your bloodstream immediately following consumption. On average, alcohol takes about 50 minutes to “absorb” into your bloodstream and may even take as long as three hours. So what does this mean?

Record Number of Arrests for Underaged Drinking of Alcohol in Jacksonville, Florida

Mon, 02 Nov 2009 09:56:23 -0800

Last week, we wrote about the greater number of DUI arrests that we expected over the Halloween and Florida-Georgia weekend in Jacksonville, Florida. True to form, police were out in force making DUI arrests throughout Jacksonville and Jacksonville Beach. In addition to DUI arrests, an article today indicated that Jacksonville and Jacksonville Beach police made more than 250 arrests for consuming or possessing alcohol by minors.

Most people understand the seriousness of a DUI arrest and the potential penalties that go with a DUI. For that reason, we make it clear that people should be very careful answering questions and submitting to tests when a police officer is investigating them for DUI.

Most people also think an arrest for underaged drinking or possession of alcohol is very minor. Often, when the police officer makes an "arrest" for this charge, the officer merely gives the person a ticket which is a notice to appear in court at a later date or a notice to set a court date in the future. Technically, this is still considered an arrest on your record. More importantly, the charge of possession or consumption of alcohol by a minor is a second degree misdemeanor crime in Florida which carries a maximum potential penalty of 60 days in jail. It is highly unlikely that you would get anywhere near that kind of jail time for possessing or drinking alcohol as a minor. However, you may simply enter a guilty plea to the charge without realizing that you have just received a misdemeanor conviction on his/her permanent criminal record. Depending on whether the judge adjudicates you guilty or withholds adjudication, you may never be able to seal your criminal record now or in the future.

Misdemeanor crimes are less serious than felony crimes, but they can result in a criminal record that can have a negative effect on you in the future when it comes to applying for schools or jobs. If you have questions about how to handle a misdemeanor charge or sealing or expunging a criminal record, feel free to contact us for a free consultation.

TAMPA TRAFFIC BLOG: Man With Previous Burglary And DUI Arrests Leads Police On Chase In Stolen Truck

Mon, 02 Nov 2009 09:34:24 -0800

Almino Munoz has a long list of arrests in Hillsborough County and now according to TampaBay.com the 48-year-old is in trouble again. According to police reports Munoz was arrested early Sunday after leading police on a chase in a stolen truck full of stolen items. The 48-year-old allegedly stole the truck from a woman he knew.

Munoz has previously been arrested in Hillsborough County on charges of domestic violence battery, DUI, driving without a license, aggravated battery and petty theft among others. Now he is being charged with reckless driving, driving without a license, resisting arrest, burglary, violation of probation and grand theft.

If you have been arrested in Tampa and need qualified legal representation, please do not hesitate to contact experienced Defense Attorney Stephen Higgins at 1-800-FIGHT-IT (1-800-344-4848) to discuss the matter or visit our website FightYourFelony.com. You can also contact Stephen via email or by stopping in our new Tampa office located at 3426 W. Kennedy Blvd.

Sherburne County DWI: Post Driving Consumption

Mon, 02 Nov 2009 09:19:56 -0800

One of the common questions I hear when I tell colleagues that I represent clients that have been charged with a DWI is, “What can you do for people charged with a DWI?” Here is a case example.

A recent client was charged with DWI Sherburne County, Minnesota. He had been watching a football game with friends in St. Cloud, Minnesota. He had driven home, and on the way stopped to urinate on the side of the road just outside of Elk River. Someone saw him, took his license plate, and called the police. The call came to the police about 6:30 p.m.

The police arrived at his home about an hour and a half later. The client told the police officer that he had three beers upon arriving home. There was evidence in the sink – the empty beer cans. His wife confirmed that he was drinking after arriving home.

The Elk River, Minnesota, police arrested him for driving under the influence of alcohol, and took him to the police station, and had him provide a urine sample at 8:25 p.m., to test blood alcohol level. At that time, his blood alcohol level was .10.

There are several defenses available to this client, specifically, at least four valid defenses. First, the Elk River prosecutor has to prove that the client’s blood alcohol level was .08 or over at the time of the driving conduct. Secondly, there is a technicality with the issue whether or not he was driving the vehicle at 6:30 when he was urinating. The person who called the police did not report that the client was driving, or that he saw the client get into the vehicle or behind the wheel of the vehicle. Third, the fact that he was consuming beer at home from the time he arrived is a defense that Minnesota DWI defense attorneys call “post driving consumption”. Finally, the validity of the urine test is always challengeable.

A client in this situation can expect a favorable outcome. I provide aggressive criminal defense services to clients throughout Minnesota, and ask that you call 612-840-8961 for a free consultation if you need legal services. You also invite you to visit my website.

-Attorney John Scott

Charismatic Basketball Coach Tagged for DWI: Incident was Not a Southern California DUI, But Story Has Certainly Captured Hollywood's Attention

Mon, 02 Nov 2009 00:35:28 -0800

Dallas Maverick coach and 11 year NBA veteran Popeye Jones was pulled over Sunday night for driving while intoxicated, according to a breaking story from the Dallas Morning News. Although the incident was not specifically a Southern California celebrity DUI, it has nevertheless fired up the bloggers and twitterers who spend their days searching for Hollywood dirt to till.

Jones allegedly had been driving his GMC Yukon erratically when Dallas police officers pulled him over. He refused a breath test, prompting the arrest. Jones reportedly resisted at first and somehow wound up face-planting on the pavement. (In his mug shot, his bruises and abrasions are quite visible.) Officials reported that Jones fell because he "lost his balance," but some in the blogosphere have accused the police of possibly administering unnecessary force in the arrest.

An experienced Los Angeles DUI attorney might advise a client in a similar situation to refrain from making comments to the press about the case until the case has been methodically analyzed. A rigorous investigation is key to a solid defense. In fact, if a DWI defendant fails to divulge key facts about his arrest to his attorney, he risks inadvertently creating a slew of problems for himself.

Jones' breathalyzer test refusal seems to have set off the complications in question. According to Los Angeles DUI law, a refusal to take a chemical test can be grounds for arrest under certain circumstances. For instance, if you have previously recently been arrested for DUI; or if you're on probation for another crime; or if you're under the age of 21, California law requires that you take a PAS test or face arrest.

That being said, determining whether a certain behavior constitutes a legally actionable "refusal" can be complicated business. For instance, if the driver delays taking a test, does this constitute a refusal or not? The answer may depend on factors such as whether the police contributed/caused the delay or whether the defendant was sick or injured.

A refusal can be penalized in multiple ways. If you're convicted of the DUI, the Department of Motor Vehicles may not allow you to obtain even a restricted license -- your one-year driver's license suspension will be total and complete. You may also face additional jail time and conditions for your probation.

To draft a forward thinking and persuasive defense, consult veteran Los Angeles DUI attorney Michael Kraut. As a Harvard Law School graduate and former prosecutor (Deputy District Attorney) for the city of Los Angeles, Attorney Kraut has distinguished himself as a powerful advocate for justice, an impressive legal tactician, and a results-oriented thinker. With your rights and possibly even your freedom on the line, you need and deserve a top caliber attorney to build you the stiffest possible defense.

Court Disallows Higher Breath Test Result

Sun, 01 Nov 2009 20:15:37 -0800

In an opinion rendered on October 26, 2009, the Massachusetts Supreme Judicial Court held that where two breath analysis tests were within less than .02 of each other, the Commonwealth could only introduce, in its prosecution of the defendant, the lower of the two breath sample results.

The decision arose from a case where a drunk driving suspect consented to breath analysis testing and the results showed a breath sample having a blood alcohol level of .09 percent at 4:14 A.M. and another breath sample having a blood alcohol level of .10 percent at 4:18 A.M.

Massachusetts law expressly requires two breath samples be taken in order to constitute a valid test. Also, if the two samples are more than .02 apart, then the test is invalid.
As an example, in the reported case, if the breath analysis results were .09 and .11, then the higher test result would be admissible. If the results were .09 and .12, the results would be invalid since the tests were more than .02 apart.

The imposition of a two-part procedure to obtain a defendant’s blood alcohol level essentially pertains to the validity of the breathalyzer test and does not speak of evidentiary value.

The Court determined that allowing both tests to be introduced at trial would unnecessarily confuse a jury on a technical matter not within their common knowledge. To otherwise permit introduction of a marginally higher breath sample result only invites jurors to do what the regulatory framework prohibits, namely, to infer, or conclude, that the lower breath sample result is not accurate and that the defendant’s blood alcohol level has been underreported.

On eBay: DWI La-Z-Boy

noreply@blogger.com (iLitigate) — Sun, 01 Nov 2009 19:52:00 -0800

La-z-boy DWI Chair, Motorized Chair, lazy boy

Vehicle Description

Known as the world famous DWI Motorized La-Z-Boy style Chair, year built unknown. This is a unique vehicle located in Proctor Minnesota. The vehicle has been obtained from a DWI forfeiture and has not been restored. Engine: Briggs and Stratton Model # 19070 Type: 5641 with electric start. Transmission type unknown and is sloppy. The vehicle has front lights, rear tag light, radio, cup holder, rear roll bars and other custom options, missing the seat cushion. Curb weight of vehicle is unknown, length is 52” and width is 45”. This is a great parade vehicle or a terrific business draw. Be the only one in town with a unique vehicle like this. This is not a street legal vehicle.

SHIPPING INFORMATION

This vehicle is local pick-up only. This vehicle can be pick-up at the City of Proctor, Minnesota Police Department by you or a transport company that you arrange Monday Thru Friday 8 a.m. to 4 p.m. We will not ship nor arrange shipping.

The Motorized Chair is the DWI Forfeit Vehicle that has been reported by the news media worldwide and is being sold as- is and ownership will be transferred on a bill of sale.

Seattle Police Officer Timothy Brenton Killed in the Line of Duty

Sun, 01 Nov 2009 19:47:07 -0800

Seattle, Washington – October 31, 2009. Seattle Police Officer Timothy Brenton was murdered in his parked patrol car on Halloween night. The shooting occurred at 29th and Yesler Way in the...

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Montville, NJ, Woman Convicted of DWI Vehicular Assault against Police Officer

Sun, 01 Nov 2009 07:29:03 -0800

A Montville, New Jersey, woman was recently sentenced to 48 months in jail after being convicted for her third drunk driving arrest as well as vehicular assault charges after hitting a police officer and two other vehicles in 2008. Having defended many New Jersey motorists accused of driving under the influence of alcohol, I can only say that this type of case needed serious DWI defense work.

According to news reports, Andora Needleman, 47, pled guilty back in August to a couple counts of vehicular assault, as well as driving while intoxicated, plus leaving the scene of an accident. One assault charge was for hitting Officer Kevin Milley, while the second was for hitting a car with a five-year-old child on board.

Superior Court Judge Salem Vincent Ahto revoked Needleman's driver's license for 10 years, which begins when she is released from prison. She is expected to apply for early release from prison under the state's Intensive Supervision Program, which is a stringent form of parole.

The incident in question happened in June 2008. Officer Milley was directing traffic at the intersection of Route 202 and River Road when the apparently drunk Needleman struck two vehicles in traffic in front of her then hit the officer. Milley, who suffered bruises and pain in his back, neck, arm and shoulder, told the defendant in court that he would have pulled his service gun and shot at her as she sped off but didn't because other vehicles and people were in the area.

After hitting the officer, Needleman kept traveling in her 2004 Ford pickup truck. Morris County Assistant Prosecutor Brian DiGiacomo said that Milley got Needleman's license plate, which allowed officers to trace the registration. They were waiting at her Taylortown Road home when she showed up.

According to police reports, Needleman's blood-alcohol level was 0.26 percent -- more than triple the 0.08 percent level at which a motorist is deemed legally intoxicated in New Jersey. Since the incident, Needleman has been undergoing treatment for alcoholism.

Montville woman gets prison sentence for third DWI, hitting cop, DailyRecord.com, October 8, 2009

The Race for Collin County's 219th District Court

friscolaw@gmail.com (Hunter Biederman) — Sat, 31 Oct 2009 17:34:02 -0700

This election cycle, the 219th District Court has an opening. Judge Curt Henderson has announced that he will not seek re-election. Until recently, there was only one candidate, Scott Becker, actively campaigning for the bench. It was rumored that Greg Willis would run for the bench, however, he has announced plans to become the next district attorney. On Friday, a new candidate, Angela Tucker sent out a press release, stating her plans to run for the 219th. Angela previously entered the race for Collin County Court 3, but changed her plans to seek the district bench instead. Additionally, a new candidate, Wendy McMillon has also announced her candidacy.

Here are the candidates:

SCOTT BECKER

Scott Becker is a current prosecutor with the Collin County District Attorney's Office. He serves as a felony prosecutor handling cases ranging from drug cases to murder cases. Prior to his time as a prosecutor, Mr. Becker had his own law practice handling criminal, civil, and family law cases.

Scott has gained the endorsements of the Collin County Deputies Association, the Plano Police Association, the Frisco Police Officer's Association, the McKinney Police Association, and the Allen Police Department.

Mr. Becker told us, that "throughout my career I have enjoyed serving the community through the law; first in private practice with individual clients, and now as an assistant district attorney serving the community on a broader level. Now I feel the next place I can serve best is from the bench. Having handled so many different types of cases both criminal and civil, from each side of the bar, I have gained valuable perspective on the importance of making sure everyone who enters the courtroom feels the judge handles their issues professionally, and they were treated equally under the law. "

Mr. Becker lives in McKinney with his wife Jana and their two children.

More information about Mr. Becker can be found on his website www.BeckerForJudge.com.

ANGELA TUCKER

Angela Tucker has practiced both civil and criminal law. After spending four years as an Assistant District Attorney, she opened her law office and currently is a partner in a local firm.

Mrs. Tucker has stated she is, "committed to representing the people of Collin County by serving as the next Judge of the 219th District Court. To maintain high legal standards, it is imperative that we elect judges who have a strong work ethic, high moral standards, and diverse experience.”

Mrs. Tucker lives in McKinney with her husband and two children.

Mrs. Tucker has told me that she will have a campaign website up soon. Once it is up, I will post it here.

WENDY McMILLON

Wendy McMillon is an attorney currently with the firm McKool Smith in Dallas where she concentrates in the area of intellectual property and complex business litigation. Prior to that, she obtained extensive litigation experience at Cowles & Thompson defending complex healthcare liability, wrongful death, and mental health lawsuits in the firm’s Dallas and McKinney offices. Mrs. McMillon informed me that she "helped open the [Cowles' office in McKinney] and spent most of my tenure [there]. I also have handled numerous matters in Collin County courts continuously, even after moving to Dallas firms."

Mrs. McMillon has stated she is, “confident that I have the experience and work ethic that will address the ever increasing complexity of cases being filed in Collin County. In addition, my goal is to help our courts operate even more efficiently and successfully.”

Mrs. McMillon is a Plano resident along with her husband Mark and two children.

Mrs. McMillon has no campaign website up yet, but I will add it when it goes up. In the meantime, you can view her facebook group at http://www.facebook.com/home.php#/group.php?gid=180619718024&ref=mf

Full disclosure notes: I am, and have been a supporter of Scott Becker for his election bid. I cannot say enough good things about him and believe he would be a great judge. I even designed the website for his campaign. However, Angela Tucker is a friend, great attorney and an wonderful individual as well. With these great candidates, Collin County can't lose. I do not personally know Wendy McMillon.

Hunter Biederman is a DWI / Criminal Defense Attorney in Collin County. He publishes his blog (www.friscodwilawyer.com) which focuses on the Collin County and Texas legal system. He can be reached at friscolaw@gmail.com or (888) DWI-FRISCO.

California Highway Patrol Cracking Down on DUI

Sat, 31 Oct 2009 12:49:10 -0700

The California Highway Patrol (CHP) is benefiting from federal funds to help save lives by nipping drinking and driving in the bud. More than $1 million in grant funds is used to fund California’s Designated Driver Program through August 2010.

“There’s no excuse for operating a motor vehicle after you’ve been drinking,” CHP Commissioner Joe Farrow said. “Not only is it against the law, you’re putting your life and the lives of fellow motorists at risk every time you do.”

Last year in California, 1,112 people were killed at the hands of an impaired driver. In 2007, another 1,272 victims were killed under similar circumstances.

“While the numbers of DUI fatalities has dropped in recent years, we still have a long way to go with young males,” said Christopher Murphy, Director of the California Office of Traffic Safety. “This grant to the CHP gets the message of designating a sober driver right in front of that group.”

Last year, according to the Department of Justice, 217,201 people were arrested statewide for driving under the influence (DUI). Among those arrested for DUI in California, roughly 80 percent were male, and 53 percent of the men were between the ages of 21 and 34.

A DUI conviction for a first-time offender could result in jail time, loss of license and fines and penalties of $13,500 or more.

“The best way to avoid becoming a statistic or spending the night in jail is to be responsible and make a plan ahead of time; designate a non-drinking driver,” Commissioner Farrow added.

The Designated Driver Program consists of community education presentations and information booths staffed by CHP officers throughout the state. Funding for the program is provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration.

Source

2 Year Sentence for 8th California DUI Conviction

Sat, 31 Oct 2009 12:45:26 -0700

A man with seven prior drunk-driving convictions was sentenced to two years in state prison Friday for careening into a San Mateo parking lot while intoxicated and stumbling into a coffee shop – right into the path of two California Highway Patrol officers.

Read more

Jacksonville, Florida Woman Sentenced to Four Years in Prison on DUI Charge

Sat, 31 Oct 2009 10:49:57 -0700

Driving under the influence of alcohol or drugs (aka DUI, DWI or drunk driving) is ordinarily a misdemeanor charge in Florida. A misdemeanor charge ordinarily means that a person convicted of the charge cannot serve more than 12 months in jail or on probation. However, for DUI's, a first conviction carries a six month maximum and a second conviction carries a 9 month maximum. There are other penalties associated with a DUI charge such as fines, community service, license suspensions, DUI classes and/or an interlock device, depending on if it is a first or repeat DUI conviction.

However, in some cases, a DUI in Florida can be a felony charge (a charge that can result in a sentence of more than a year in prison and/or on probation) which can carry much more serious penalties. The obvious example is when a person commits a DUI and causes an accident that results in the death of another person. This is called DUI manslaughter and was the charge for which the Jacksonville, Florida woman recently was sentenced to four years in prison. If a person commits a DUI, causes a crash that results in a death and then flees the scene, the DUI charge is a first degree felony, which is the most serious kind. And if a person commits a DUI and causes an accident that results in serious bodily injury to another person, the state will charge that person with felony DUI with serious bodily injury. In these cases, what constitutes serious bodily injury is unclear. If a person brakes a bone or has to have surgery, the serious bodily injury element is likely met. If the person has some back pain and has to see a chiropractor for a few visits, the serious bodily injury element may be a stretch.

Even a simple DUI with no accident or injuries can be charged as a felony. For instance, if a person is arrested for DUI after two prior convictions and the most recent prior conviction occurred within ten years of the recent arrest, the state can charge that person with felony DUI which comes with a maximum sentence of five years in prison. If a person is arrested for DUI and has three prior DUI convictions, even if the last conviction was decades ago, the state can charge that person with felony DUI. In these instances, the state does not always charge the more serious felony (they still have the discretion to charge a misdemeanor DUI), but they certainly can if they choose to.

If you have questions about DUI law or the various charges and penalties associated with different DUI scenarios, feel free to contact us for a free consultation.

Washington Minor DUI Arrests and the need for an Attorney

Sat, 31 Oct 2009 10:02:13 -0700

Seattle, Washington. Did you know there is a Minor DUI crime in Washington State? It is a misdemeanor which means the maximum fine is $1,000 and the maximum time in jail is only 90 days. However, any...

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DUI Facts and Fiction

Sat, 31 Oct 2009 08:08:29 -0700

There are a lot of misconceptions about DUI’s and their consequences here in Illinois. This article is not meant to advise you as to what EXACTLY will happen with your case, remember, all facts are different. However, we can help clear up some ideas that people have about DUI’s that aren’t exactly true. If you have questions, though, remember, the best way to get answers is to call our office.

FICTION: You have to blow into the Breathalyzer.

FACT: It is your right to refuse to blow into the Breathalyzer. HOWEVER, this will automatically trigger a 12-month suspension of your driver’s license from the Secretary of State if it is the first time you’ve been stopped for a DUI. If you’ve been convicted of a DUI before and you refuse to blow, you’ll get a 3 year suspension. Keep in mind, this is not a criminal penalty, just a penalty imposed by the Secretary of State.

FICTION: If you drink one drink an hour you will not be legally “drunk” and can drive.

FACT: Everyone metabolizes alcohol differently. Generally speaking the consumption of one drink in one hour will increase your blood alcohol content around %.02 to %.05. However, this depends on stomach contents, weight of the drinker, amount of body fat, temperature and alcoholic content. A normal “drink” is a 12 ounce beer (standard bottle or can), a single shot of alcohol around 80 proof (1.5 ounces), or a glass of wine (five ounces). While this should conceivably keep you under the legal limit it is not a perfect solution.

If you feel impaired, the obvious answer is don’t drive, no matter how little you’ve had to drink. Illinois law provides that someone can be found guilty of DUI even if their blood alcohol content (BAC) is under .08 simply because they aren’t sober enough to handle driving, whether or not they are over the legal limit. There is a PRESUMPTION that over .08 you are intoxicated and therefore it is illegal to drive. There is also a PRESUMPTION that if you are under .05 you are sober and are OK to drive. But if you’re all over the road, or crash, a prosecutor may argue that you were certainly not sober enough. Prosecutors do not automatically drop DUI’s because you’ve blown under .08.

FICTION: You can fool a Breathalyzer with mints, a penny under tongue, a battery in your mouth.

FACT: There is no known way to fool a Breathalyzer. There is no magic bullet. The only way to make a Breathalyzer be inaccurate (besides manufacturer error) is to have mouth alcohol when you submit to the test. This means, you’ve either just drank alcohol or you’ve burped or belched and alcohol has traveled up your esophagus into your mouth. This is specifically why people who submit to Breathalyzers are subjected to a 20 minute observation period by the police. No alcohol (or any liquid) should be consumed in that time, and if the person belches or burps, the observation period needs to start again.

FICTION: The first DUI isn’t that bad.

FACT: All DUI’s are bad. The average Illinois driver, if convicted or placed on supervision for their first DUI, will face thousands of dollars in fines and court costs, will be ordered to take classes and get treatment. In addition, as mentioned earlier, you will get a Statutory Summary Suspension if you DO blow into the machine of 6 months and a 12-month Statutory Summary Suspension of if you do not blow.

If you get a DUI, just remember, you’re facing serious consequences. If you’ve been charged with a DUI, call Weisz, Botto & Gilbert, P.C at (815) 338-3838 and arrange an appointment with Robert Deters. We can help.

DUI on a Lawnmower

Sat, 31 Oct 2009 06:18:54 -0700

When most people get arrested for DUI (Driving Under the Influence) in Florida, they have been driving a car. DUI law prohibits you from driving a "motor vehicle" while impaired. Police in Marion County arrested a man last week for DUI on a riding lawnmower. Police say Ron Martin was riding a lawnmower on a road and drove it into a bus.

When police made contact with Martin, they noted the typical "clues" of impairment that almost every officer notes in a DUI arrest. They smelled the odor of alcohol coming from his breath, saw bloodshot, watery eyes, heard slurred speech, and said that Martin was unsteady on his feet. In a Jacksonville arrest for DUI, JSO DUI officers almost always note these observations.

Marion County police also arrested Martin for grand theft because the lawnmower was stolen.

DUI Halloween Tampa, Hillsborough County Florida

noreply@blogger.com (W.F. "Casey" Ebsary, Jr.) — Fri, 30 Oct 2009 16:39:00 -0700

Tampa Bay DUI law enforcement predicts many DUI arrests, perhaps a record this holiday season starting with Halloween. Halloween falls Saturday , a first since 1998. Bars are open an extra hour since daylight saving time ends at 2 a.m. Sunday. People will get an extra hour until closing time. Those 2 factors equal increased opportunities for Driving Under the Influence charges. Other jurisdictions in Hillsborough, Polk, Pinellas, and Pasco counties can expect the same.

Our office will be working throughout the weekend to help.

If your Holiday season begins with an arrest - Tell me Your Story Toll Free 1-877-793-9290.

Source: m.tampabay.com/hillsboroughco/171150/full/;jsessionid=
BF7C64D3B2EDAF780B5E370A0571579A.wap2

NASCAR Driver AJ Allmendinger Arrested On Drunk Driving Charges

Fri, 30 Oct 2009 16:04:46 -0700

AJ Allmendinger was arrested for DUI after being stopped by police early Thursday morning and failing a field sobriety test, according to Mooresville police.

The NASCAR placed driver said he make a mistake driving while intoxicated after having dinner and drinks on Wednesday. “I honestly felt fine, but I obviously should have erred more on the side of caution, particularly given what I do for a living,” said Allmendinger. “It was a bad judgment call,” he said.

The DUI driver will have his license suspended for 30 days after being given a breathalyzer test that indicated he was 0.08. According to North Carolina law it is an automatic license suspension. NASCAR placed the suspected drunk driver on probation until the end of the year.

Driving Under the Influence in San Diego County

If you or someone you know has been arrested for DUI it is crucial you contact an experienced San Diego DUI attorney that will help you with your drunken driving case. You need to find the right attorney who is best-qualified and has the most experience with DUI cases, to represent you and your DUI case.

If you have a 0.08 percent or more, be weight, of alcohol in your blood, you will be charges with driving under the influence or DUI if apprehended. You may face jail if you are convicted.

Allmendinger placed on probation follow DUI arrest, Sign on San Diego, October 29, 2009

Sports digest: Allmendinger hit with DUI, put on probation by NASCAR, MercuryNews.com, October 29,2009

Web Related Resources
California DMV: DUI procedures if you are pulled over

Spooky: Halloween DUI Crackdowns in Several States

Fri, 30 Oct 2009 14:59:02 -0700

According to multiple news sources, police departments in several states – including California, Colorado, Illinois and Utah – are planning special DUI checkpoints on roadways for the Halloween holiday weekend.

The Arizona Department of Public Safety reported that Halloween is especially bad for drunken drivers on the roads.

Across the state of Colorado, law enforcement officers will increase patrols for DUI starting at 6:00 p.m. tonight until 3:00 a.m. on Nov. 2.

Utah state troopers warn residents, “If you’re going out to celebrate Halloween, be sure you have a designated driver.

Drunk driving is more common around holidays – and police forces across the nation know it. Lesson to be learned? If you’re going out this Halloween, be careful so you don’t end up with a DUI.

Effingham County Arrest of DUI, Deputy Hit-and-Run Suspect

Fri, 30 Oct 2009 12:57:27 -0700

There was much media attention over the recent search for a drunk driving suspect who was wanted for allegedly running over a deputy. According to a wtoc.com article, the man was found and arrested in Effingham County. Based on authorities’ statements, the man was stopped on US 1 for suspicion of drunk driving and allegedly failed a field sobriety test.

Before the deputy could arrest the suspect for DUI, the suspect reportedly jumped in his truck. When the officer tried to reach into the truck while the man began to drive away, the officer lost his balance and was run over by the truck after falling to the ground. Apparently, the deputy suffered major injuries and said that he had arrested this particular suspect many times before on alcohol-related charges. This time, the man may face charges relating to battery, aggravated assault, DUI, and perhaps even more offenses considering that he fled the scene of an accident and Police.

Drunk driving incidents in Georgia are not as clear-cut as many people may think. First of all, field sobriety tests can be unreliable in providing an accurate determination that a motorist is in fact intoxicated. In any case, if you find yourself pulled-over and are asked to perform a field sobriety test, you may have to perform the one leg stand, the horizontal gaze nystagmus test, and the walk and turn test. However, these tests are often left to the subjective interpretation of an officer. In some situations, a driver may not fully understand a test’s instructions or may have problems with all or at least one of the tests due to a physical disability, yet, he or she may still be arrested for drunk driving.

Being arrested for driving under the influence of alcohol or drugs can be an intimidating experience, especially when a person is not thoroughly familiar with his or her legal rights. In such situations, it may be in the best interest of a suspect arrested for DUI in Georgia to obtain the legal advice and representation of an experienced Atlanta DUI defense attorney.

Driving Under the Influence of Listerine?

Fri, 30 Oct 2009 11:57:14 -0700

As crazy as it sounds, you could in fact, be arrested for driving under the influence of Listerine, Nyquil, a few sips of a cocktail, or any other liquid or substance that contains alcohol. It’s not that you would necessarily be “under the influence” of any of these, but that they are all capable of producing an illegal blood alcohol concentration of 0.08% or greater.

The reason this is possible is due to a condition known as mouth alcohol. Mouth alcohol is alcohol that remains in the mouth. When present, mouth alcohol can fool a DUI breath testing instrument. And although it typically dissipates quickly, it can linger, depending on the circumstances.

For example, the limited amount of alcohol that could be “burped” into a “normal” mouth will probably dissolve quickly. But that same amount of alcohol burped up by someone with dentures, for example, may take longer to dissolve.

Similarly, if someone had a tiny piece of alcohol-saturated bread trapped in his/her dental work, that alcohol could remain in the mouth for quite some time.

Hung Jury in Fort Bend County DWI Trial

Fri, 30 Oct 2009 10:51:37 -0700

Fort Bend County jurors were deadlocked in a DWI trail this week after three days of trial. The Defendant in the case was stopped for allegedly not using his left turn signal at a light.

Upon questioning by the deputies, it was determined that the defendant had been at gentleman's club and had been drinking. According to the deputies, defendant was unable to answer basic questions and arrested him for Driving While Intoxicated / DWI / Drunk Driving. Defendant refused all field sobriety tests and refused to take a breath test.

Dane Johnson - Houston DWI lawyer

Judge Rules Harris County District Attorney Violated Defendant's Rights

dane@dwi-houston.com (Dane Johnson) — Fri, 30 Oct 2009 10:07:19 -0700

A visiting Harris County District Court Judge ruled that the State prosecutors should have turned over exculpatory evidence to the defense lawyers before the start of a sexual assault trial.

According to the article,

Visiting state District Judge Van Culp said the chief of the Crimes Against Children Division of the Harris County District Attorney's Office should have revealed that the girl accusing 54-year-old Glen Kahlden originally said a black man assaulted her. Kahlden is white.

So what is Brady material? Brady material is the suppression of evidence favorable to an accused. In other words, if the government has any evidence that tends to show that a defendant is not guilty or did not commit the crime, the government is required to produce this evidence to the defense.

Why is this such a big deal in the Houston criminal defense community? Well, those of us who are criminal defense lawyers have repeatedly complained that the District Attorney's office routinely fails to fulfill its duty to disclose Brady material. Even more troubling is the fact that the person committing the violation is the one of the most senior prosecutors in the office and the chief of a division in the Harris County District Attorney's Office.

The problem starts at the top and trickles down to the underlings. It is no surprise that the younger Harris County prosecutors don't turn over Brady material upon learning of it. There is a saying, that floats around,

Prosecutors wouldn't know Brady material if it were staring right at them.

Kirkland DUI Attorneys Need to be Experienced

Fri, 30 Oct 2009 09:24:49 -0700

Kirkland, Washington. Everyone knows the nightlife scene is in Seattle. With Pioneer Square, Belltown, Queen Anne, Capitol Hill and a few other key neighborhoods you will find a hi-fi bar, dive bar,...

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TALLAHASSEE DUI LAWYER SOUGHT TO JOIN ESTABLISHED DUI DEFENSE FIRM

Brian Mason — Thu, 29 Oct 2009 21:44:43 -0700

William Moore, P.A. is seeking an experienced Tallahassee DUI Lawyer to join our established DUI defense law firm. Applicants must be a qualified Tallahassee DUI Lawyer with at least five (5) years of exemplary Tallahassee DUI defense litigation history.
Tallahassee DUI lawyer must also have a bona-fide office located within Leon County that has been serving Tallahassee for a minimum of three (3) years.

TALLAHASSEE CRIMINAL LAWYER SOUGHT FOR EXPANDING FLORIDA CRIMNAL DEFENSE FIRM

Brian Mason — Thu, 29 Oct 2009 21:42:37 -0700

Tallahassee Criminal Lawyer with outstanding litigation experience sought as new member to the expanding criminal defense firm of William Moore, P.A. Understanding that a successful Tallahassee criminal defense practice requires experienced local counsel, our office is currently interviewing Tallahassee Criminal Defense Lawyers. William Moore, P.A. is an established defense firm with years of experience and a proven criminal litigation track record.
Tallahassee criminal lawyers interested must be able to provide evidence of excellent Tallahassee criminal defense litigation history.

LEON COUNTY CRIMINAL LAWYER SOUGHT FOR EXPANDING LAW FIRM

Brian Mason — Thu, 29 Oct 2009 21:39:12 -0700

Qualified Leon County criminal defense attorney-attorneys sought to join established Florida defense firm. Criminal lawyer must be a qualified Leon County criminal defense attorney with proven track record. Those interested must have at least five (5) years of Leon County criminal litigation experience with their primary office located within Tallahasee. Successful jury trial and motion practice is mandatory. Additionally, all Leon County Criminal attorneys must be active writers in the field of Leon County criminal defense & Tallahasee criminal law.

William Moore, P.A. is a successful criminal defense firm with years of criminal litigation experience coupled with an exemplary case history. Fort Myers criminal lawyers wishing to join forces with William Moore, P.A. must be able to provide evidence of outstanding Leon County criminal litigation performance, Fort Myers Criminal defense writing ability and Leon County criminal defense lecture history. William Moore, P.A. has handled hundreds of criminal cases throughout Florida and is actively involved in diligently defending the rights of the accused.

Criminal defense lawyers interested in joining forces with an established and proven criminal defense law firm are urged to contact William Moore, P.A.